Legal Opinion

Ellis v. Mahon

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 2008Published

1Opinion of the Court

*539Although the petition raised a substantial evidence question, the petitioner does not dispute on appeal that there was substantial evidence to support the specifications sustained against her. Instead, she contends that the determination was arbitrary and capricious as the disciplinary charges against her were allegedly the product of selective enforcement. However, the fact that other eligibility examiners in the petitioner’s work unit were not disciplined for failing to complete applications on time does not constitute a prior administrative policy to which the Westchester County Department…

2Cases cited8 opinions

  1. Kelly v. SafirNew York Court of Appeals · 2001
  2. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  3. Lantry v. StateNew York Court of Appeals · 2005
  4. Girard v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1991
  5. Compasso v. Sheriff of Sullivan CountyAppellate Division of the Supreme Court of the State of New York · 2006

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